Click here to read the Welcome Letter from the new General Editor of The Australian Law Journal.
To celebrate the next chapter of The Australian Law Journal, we are offering a complimentary issue of Volume 90 Part 6 on our Thomson Reuters ProView eReader®. Visit legal.thomsonreuters.com.au/ALJ to view your copy.
*Please note that the links to the content in this Part will direct you to Westlaw AU.
The latest issue of The Australian Law Journal (Volume 90 Part 6) contains the following material:
CURRENT ISSUES – Editor: Justice François Kunc
- About this issue
- Legality of the Manus Island Processing Centre
- 175th anniversary of the Supreme Court of Victoria
- Indigenous deaths in custody
- Court design and family violence
- Experts: A judge writes for “Nature”
- Civil juries: A proposal come and gone
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Legal nature of a tenant’s interest in its fixtures
CRIME AND EVIDENCE – Justice Phillip Priest
- Disuniform approaches to the Uniform Evidence Act revisited
- United Kingdom Supreme Court disavows the doctrine of extended common purpose
AROUND THE NATION: VICTORIA – Editor: Justice Clyde Croft
- Assessing profits to determine hotel rent
COMPETITION AND CONSUMER LAW – Editor: Robert Baxt AO
- Priorities of the Australian Competition and Consumer Commission for 2016
AROUND THE NATION: NORTHERN TERRITORY – Editor: Hon Dean Mildren AM RFD QC
- Is it time for deferred prosecution agreements in the Northern Territory?
RECENT CASES – Editor: Ruth C A Higgins
- Evidence: Admissibility and relevance – Evidence (National Uniform Legislation) Act (NT), ss 97, 137
- Constitutional law: Papua New Guinea – Persons forcefully brought into Papua New Guinea and held against their will – Constitution of Papua New Guinea, s 38
- Corporations: Trade practices – Misleading and deceptive conduct – Accessorial liability
The Australian Law Journal: Volume 90 and Beyond – Justice François Kunc
The new General Editor sets out his ambitions for the Journal as it enters the last decade of its first century. He reflects on the purposes of the Journal and the constituencies which make up its readership. While what makes the Journal distinctive may remain the same, it must reflect the new and rapidly changing world of legal practice and scholarship both in Australia and overseas.
The State of the Australian Judicature – Chief Justice Robert French AC
The delivery of the State of the Judicature Address by the Chief Justice of Australia on 29 April 2016 marked the revival of a tradition which had lapsed with the last Australian Legal Convention in 2009. At a dinner hosted in Hobart for that purpose by the Law Council of Australia (LCA) and the Australian Bar Association (ABA), the Chief Justice discussed the national character of the Australian judiciary and, in that connection, the functions of the Council of Chief Justices (CCJ), the LCA and the ABA. Particular reference is made to guidelines developed by the CCJ for Communications and Relationships between the judicial branch of government and the legislative and executive branches. Specific issues on which the CCJ, the LCA and the ABA have focused in recent times include the implications of Australia’s cultural diversity for the effectiveness of its judicial system, access to justice for Indigenous and migrant women in domestic violence cases, the relationship between international dispute resolution and the court system, and the development of opportunities for cross-border co-operation between the Australian judiciary and the courts of other countries. Indigenous imprisonment rates under mandatory sentencing regimes and family violence raised by the LCA and the ABA are identified as matters of national concern warranting the attention of the national legal profession. So too does the recent Report of the Australian Law Reform Commission on the encroachments by Commonwealth law on traditional common law rights and freedoms. While the Australian judiciary generally meets reference points advanced by Sir Gerard Brennan in his State of the Judicature Address, it must respond to new and testing issues domestically and an internationalised legal environment.
The Future of Lawyers: Blue Sky or Dark Clouds Ahead? – Fiona McLeod SC
The future for the legal profession is upon us, requiring vision and dexterity to adapt to the next generation of artificial triage, analysis and problem solving. Our prior inclination to national isolationism must be set aside and a commitment to preserve the rule of law, particularly equality before and in the practice of law, will position us well. Steps taken now to create new work, new ways and new places to work will support the next generation of lawyers.
Change Drivers and their Likely Effects: Shifting Sands Beneath Australian Solicitors – S Stuart Clark AM, Robert Leeder and Nicholas McBride
This article examines the changes likely to affect the Australian legal profession in the next decade. Focusing on the solicitors’ branch of the profession, it considers what it can do to respond to and influence change. A review of the recent history of efforts to respond to change, both domestically and internationally, is followed by an examination of the current key “change drivers” in the legal profession. The likely effect of these drivers on specific aspects of Australian legal practice is then discussed, mindful that changes in one area may be affected by changes in others. It is hoped that this article will facilitate debate within the profession about issues related to its future.
The Evolving Role and Future of In-house Lawyers – Gillian Wong and Emma Langoulant
This article considers the evolving nature of the role of in-house counsel and the future of in-house legal practice focusing on: the changing role of in-house counsel; the emerging legal issues affecting in-house counsel; and the impact of disruption and innovation on in-house counsel.
As the legal profession undergoes significant changes, law schools are challenged to re-examine the meaning of a quality legal education. It is important to recognise the value of some important elements of traditional legal education, including research, critical thinking and analytical skills. However, legal education is increasingly shifting to also assist students in developing capacities to work in the digital world, across cultural boundaries and in inter-disciplinary teams. This blend of old and new capabilities will provide law graduates with the best chance to thrive in a rapidly changing world.
The Law and the Legal Profession in the Next Decade: The Student’s Perspective – Paul Melican, Alex Bell-Rowe, Albert Patajo and Hannah McDonald
Law students are currently entering their legal education with extremely unrealistic expectations of the legal profession. The increased expectations of the profession and the cost of legal education have increased the pressures on modern law students, as opposed to those in previous generations. This article examines the changing graduate market, the wellbeing of law students and the changes in legal education from the perspective of law students. The conclusion of this examination is that the role of the legal graduate is changing and law students need to be more informed about the realities of the legal profession.
BOOKS RECEIVED – Editor: Angelina A Gomez
BOOK REVIEW – Editor: Angelina A Gomez
- Admiralty Jurisdiction: Law and Practice – Australia, New Zealand, Singapore, Hong Kong and Malaysia, by Damien J Cremean
For the PDF version of the table of contents, click here: ALJ Vol 90 No 6 Contents.